A BILL to amend and reenact §22-20-1 of the Code of West Virginia,
1931, as amended, relating to the Department of Environmental
Protection; creating independent Office of Environmental
Advocate; appointment of Director of the Office of
Environmental Advocate; and providing for salary, staff,
powers, duties and rules.

Be it enacted by the Legislature of West Virginia:

That §22-20-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 20. ENVIRONMENTAL ADVOCATE.

§22-20-1. Creation of Office of Environmental Advocate;
Appointment of Director of Office of Environmental
Advocate; powers and duties; staff; salary.

The director of the Division of Environmental Protection shall
appoint a person to serve as the environmental advocate within the
Division of Environmental Protection, and shall adopt and
promulgate rules in accordance with the provisions of article
three, chapter twenty-nine-a of this code governing and controlling
the qualifications, powers and duties of the person to be appointed
to the position of environmental advocate. The environmental
advocate shall serve at the will and pleasure of the director, who
shall also set the salary of the environmental advocate. All
funding for the office of environmental advocate shall be from
existing funds of the Division of Environmental Protection. The
director shall provide an office and secretarial and support staff
as needed.

(a) There is hereby created within the Department of
Environmental Protection the Office of Environmental Advocate. The
Secretary of the Department of Environmental Protection shall
appoint a Director of the Office of Environmental Advocate, from a
list of three qualified candidates provided by the West Virginia
Environmental Council, to serve for a term of four years, effective
July 1, 2011. The director shall be eligible for reappointment.
The director shall be a citizen and a resident of this state and an
attorney admitted to practice in this state, with a minimum of five
years active practice of law. The director shall be paid a salary
within the range applicable to the general counsel of the
department. The director shall be responsible for the
administration of the Office of Environmental Advocate, including
the provision of adequate technical and professional staff,
including two other attorneys, offices, equipment and other
facilities so as to ensure the departmental and financial
independence of the Office of Environmental Advocate from the
Department of Environmental Protection.

(b) The Office of Environmental Advocate may intervene as a
party on behalf of West Virginia citizens or their organizations
who may be directly impacted by any mining permit granted and or
being considered by the West Virginia Department of Environmental
Protection. The Office of the Environmental Advocate is further
authorized and directed to:

(l) Evaluate all matters pending before the Department of

Environmental Protection to determine if the interests of West
Virginia citizens are affected;

(2) Petition the Department of Environmental protection,its
commissions or boards to initiate proceedings to protect the
interest of West Virginia citizens;

(3) Appear before the Department of Environmental Protection,
its commissions or boards as a party on behalf of West Virginia
citizens or its organizations in such cases as the advocate
determines that the citizens may be directly and negatively
impacted by a mining, oil and gas drilling permit or other
environmental impact permit; and

(4) Appeal any determination, finding or order of the
Department of Environmental Protection determined by the
Environmental Advocate to be adverse to the West Virginia citizens
by whatever legal means or strategy the Environmental Advocate may
determine.

(c) The Director of the Office of Environmental Advocate
shall, within the limits of the funds available to that office,
employ such legal, professional, technical, secretarial and
clerical personnel as are necessary to carry out the
responsibilities of that office. The salaries paid to the members
of the staff of the Office of Environmental Advocate shall be
consistent with and in the range applicable to salaries paid to
employees of the Department of Environmental Protection. Offices
for the Environmental Advocate shall be located separately from the
offices of the Department of Environmental Protection and may not
be associated with or connected to the other divisions of the
Department of Environmental Protection. The Department of
Environmental Protection shall provide funding for Offices for the
Environmental Advocate.

(d) The Director of the Office of Environmental Advocate may
be removed only for cause by The Secretary of the Department of
Environmental Protection for official misconduct, incompetence,
neglect or duty or gross immorality. No other provision of this
code purporting to limit the term of office of any appointed
official or employee or affecting the removal of any appointed
official or employee is applicable to the Director of the Office of
Environmental Advocate.

(e) The Secretary of the Department of Environmental
Protection shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this code governing and controlling the qualifications,
powers and duties of the person to be appointed to the position of
Environmental Advocate.

(f) The current Environmental Advocate and staff shall be
remain in place until July 1, 2011 and may be incorporated into the
office created by this section. With the exception of the
selection and dismissal of the advocate and the funding of the
office, The Department of Environmental Protection will have no
continuing supervisory authority over the Office of Environmental
Advocate.

NOTE: The purpose of this bill is to create the Office of
Environmental Advocate with an appointment of Director of the
Office of Environmental Advocate, independent of the Division of
Environmental Protection. The bill also provides for salary,
staff, powers, duties and rules.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.